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(영문) 수원지방법원 안양지원 2017.10.13 2016고단2114
상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 24, 2016, the Defendant sought a warning that it should be calculated in advance in order to extend entertainment time from an employee of a business establishment in a sports club operated by the Plaintiff C and the Victim D (58) in an “E club” operated by the Defendant (E club) at around 03:00 on September 24, 2016, and that it should be calculated in advance in order to extend entertainment time from the employee of the business establishment who flasing with drinking together with drinking and singing. On the other hand, the Defendant took a disturbance, such as breaking the glass cup on the table.

Defendant 1: “Is the victim, who had faced with the above disturbance and entered the room above, to the extent that “Is the governance;”

Whether or not a garnment has been included in garnment

“The victim’s face is expressed as Defendant head, and the victim’s bucks turned over the victim’s buck, and assaulted the victim’s bucks, chests, and kneeing the part with the Defendant’s knee, etc., thereby causing injury to the victim, such as the victim’s bucks, chests, and bucks, which require approximately three weeks of treatment, and the victim was laid on the floor by gathering radio microphones equivalent to KRW 90,000 at the market price, and damaged them.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A medical certificate of injury, and a receipt;

1. Application of statutes on site photographs;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act, and choice of imprisonment with prison labor for the crime;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommendations given in the sentencing guidelines] - General Crimes (injury to General) No. 1 of the Act on the Aggravated Punishment of Concurrent Crimes - The scope of final sentencing due to multiple aggravated crimes in the basic area (damage to Property) No. 1 of the Act on the Aggravated Punishment of Concurrent Crimes (Article 4-1 of April through June) (Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes - the basic area (Article 1 of April through October) of the Act on the Aggravated Punishment of Concurrent Crimes: April 1 to 11 of year [decision of sentence] - Unfavorable circumstances: The same kind of crime during the suspension of execution period, and the same kind of crime before and after the suspension of execution - Part of the favorable circumstances: Other circumstances; and

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